In the Matter of Adoption of
Amendments to the Oregon
Rules of Appellate Procedure

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Chief Justice Order 09-049

ADOPTION OF TEMPORARY
RULES

Pursuant to ORAP 1.10(3), the Supreme Court may, from
time to time, adopt temporary rules for inclusion in the Oregon Rules of
Appellate Procedure. The Supreme Court by this order adopts the following
temporary rules: �ORAP 12.08 and 12.09. �The temporary rules are set out
below.� The temporary rules are effective the date this order is signed and
shall expire on December 31, 2010, if not previously adopted as permanent rules.

(1)������� A
notice of interlocutory appeal filed in the Supreme Court pursuant to section
14 of Senate Bill 233 (2009) shall be substantially in the form illustrated in
Appendix 12.08 and shall comply substantially with ORAP 2.05(1), (3), (4), (5),
(6), (9), (10), and (11), except:

(a)������� The
notice must be entitled �NOTICE OF INTERLOCUTORY APPEAL UNDER ORS _____� and
identify the statute authorizing the interlocutory appeal;

(b)������� The
notice must include a statement of why the notice is timely; and

(c)������� The
notice must contain proof of service on persons identified in section 14(6) of
Senate Bill 233 (2009).

(2)������� A
notice of interlocutory appeal must be accompanied by:

(a)������� A
copy of the order for which appellate review is sought;

(b)������� Excerpts
of the record, as described in section 14(4) of Senate Bill 233 (2009);

(c)������� A
memorandum of law with a statement of material facts and supporting arguments
and citations, in a form in compliance with ORAP 7.10(1) and (2), except as
provided by this rule.

(3)������� The
appellant shall file an original and nine copies of the notice of interlocutory
appeal with the Administrator.� If the excerpts of the record include more than
50 pages, the appellant need file only two copies of the excerpts of the record.

(4)������� Notwithstanding
ORAP 1.35(1)(c), a notice of interlocutory appeal and the response are deemed
filed when those documents are physically received by the Administrator or, if
the documents are filed electronically, as provided by ORAP 16.35.

(5)������� Notwithstanding
ORAP 1.35(2)(b), the appellant shall serve a copy of the notice of interlocutory
appeal and, if applicable, accompanying materials as provided in sections 14(6)
and (7) of Senate Bill 233 (2009).

(6)������� A
respondent may file a response within seven days of the date the notice of
interlocutory appeal is filed with the Supreme Court.� A respondent shall file
an original and nine copies of a response with the Administrator.� The response
shall comply with ORAP 7.10(1) and (2), except as otherwise provided by this
rule.� The response may contain a designation of parts of the trial court
record not designated in the notice of interlocutory appeal.

(7)������� No
reply shall be filed except with leave of the Supreme Court.

(8)������� Notwithstanding
ORAP 6.15, either the appellant or respondent may request oral argument.� The
Supreme Court may grant or deny such a request or may order oral argument on
its own motion.

(9)������� A
petition for reconsideration of a Supreme Court decision under this rule shall
comply with ORAP 9.25, except that it shall be filed within seven days of the
date of the decision.

(10)����� A
victim may request that the court use initials in lieu of his or her first name
in the case caption.� The court will grant such a request if filed within seven
days of the notice of interlocutory appeal.� Requests filed after seven days
may be granted at the court�s discretion.

APPENDIX 12.08
Illustration for ORAP 12.08

IN THE SUPREME COURTOF THE STATE OF OREGON

_______________________________
State of Oregon,
Plaintiff

v.

________________________________
Defendant

________________________________,
Appellant(s)

v.

________________________________,
Respondent(s)

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_______________ County Circuit
Court No. _____________________

NOTICE OF INTERLOCUTORY
APPEAL UNDER ORS _________

1.

Appellant hereby
gives notice of interlocutory appeal from the order entered in this case on ___[date
of judgment]_____ , signed by Judge _______________ , in the
_______________ County Circuit Court.

Appellant
designates only the following parts of the record, copies of which accompany
this notice as excerpts of the record:�________________________________________________
_____________________________________________________________________________.

5.

This appeal is
timely and otherwise properly before the Supreme Court because:

Appellant hereby
requests copies at appellant's expense of the audio record designated in
paragraph 4 of this notice of appeal. Copies are to be served on the parties to
the appeal listed in paragraph 3 of this notice of appeal.

7.

Attached to this
notice of appeal is a copy of the order being appealed. Also attached is a
memorandum of law as described in section 14(4) of Senate Bill 233 (2009).

8.

CERTIFICATE OF SERVICE

I certify that on�� ��[date]��� , I served a true copy of this notice of appeal on:

[Respondents as listed in section 14(6) of Senate Bill
233 (2009) or attorneys for respondents]

______________________________����������������������� ______________________________
______________________________����������������������� ______________________________
______________________________����������������������� ______________________________
[trial court administrator]���������������������������������� �� ������ [transcript coordinator, if a transcript is designated as part of the record on appeal]

����������������������������������������������������������������������������������� ____________________________________
����������������������������������������������������������������������������������� [Typed or printed name of appellant or attorney]

(a)������� The
petition must be entitled �PETITION FOR REVIEW UNDER ORS _____� and identify
the statute authorizing the petition for review;

(b)������� The
petition must include a statement of why the petition is timely; and

(c)������� The
petition must contain proof of service on persons identified in sections 14(6)
and 15 of Senate Bill 233 (2009).

(2)������� A
petition for review under this rule must be accompanied by:

(a)������� A
copy of the order for which appellate review is sought;

(b)������� Excerpts
of the record, as described in sections 14(4) and 15 of Senate Bill 233 (2009);

(c)������� A
memorandum of law with a statement of material facts and supporting arguments
and citations, in a form in compliance with ORAP 7.10(1) and (2), except as
otherwise provided by this rule.

(3)������� The
petitioner shall file an original and nine copies of the petition for review
with the Administrator.� If the excerpts of the record include more than 50
pages, the petitioner need file only two copies of the excerpts of the record.

(4)������� A
petition for review filed under this rule may refer to the criteria in ORAP
9.07 for allowing a petition for review and the following additional
criterion:� Whether the case presents a significant issue involving the rights
granted to crime victims by Article I, sections 42 and 43, of the Oregon
Constitution.

(5)������� Notwithstanding
ORAP 1.35(1)(c), a petition for review and the response, if any, are deemed
filed when those documents are physically received by the Supreme Court or, if
the documents are filed electronically, as provided by ORAP 16.35.

(7)������� The
respondent may, but need not, file a response to a petition for review filed
under this rule.� The respondent may file an original response and nine copies
within seven days of the petition for review or within seven days after the
Supreme Court issues an order granting review.� The response shall comply with
ORAP 9.10, unless otherwise provided by this rule.� The response may contain a
designation of parts of the trial court record not designated in the petition
for review.

(8)������� No
briefs on the merits shall be filed, except as otherwise provided by court
order.

(9)������� A
petition for review under this rule shall be allowed if one less than a
majority of the judges eligible to vote on the petition vote to allow it.

(10)����� In
cases where the court has allowed review, either the appellant or respondent
may request oral argument.� Notwithstanding ORAP 6.15, the Supreme Court may
grant or deny such a request or may order oral argument on its own motion.

(11)����� A
petition for reconsideration of a Supreme Court decision under this rule shall
comply with ORAP 9.25, except that it shall be filed within seven days of the
date of the decision.

(12)����� A
victim may request that the court use initials in lieu of his or her first name
in the case caption.� The court will grant such a request if filed within seven
days of the petition for review.� Requests filed after seven days may be
granted at the court�s discretion.